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Alert: SBA Will Freeze HUBZone Maps Until June 30, 2023

HUBZone companies will get some additional time to plan for the unfreezing of the HUBZone maps by SBA. SBA has just issued a direct final rule that will extend the HUBZone map freeze from December 31, 2021, to June 30, 2023. In an earlier rule, SBA had indicated that it would freeze current HUBZone designations until the results of the 2020 Census are available, as required under the 2018 NDAA. SBA said it would “‘freeze’ the HUBZone maps with respect to qualified census tracts, qualifi

Koprince Law LLC

Koprince Law LLC

5 Things You Should Know: SBA’s Recent 8(a) Program Updates

SBA has been hard at work this past year updating its 8(a) Business Development Program rules and policies. And we have been doing our best here at SmallGovCon to keep you posted. Many of our blog posts focused on SBA’s monumental November 2020 “rule overhaul,” which implemented several 8(a) rule changes. But given the sheer magnitude of information in that final rule, it is pretty easy to lose track of which updates might affect you, as a potential 8(a) applicant or current 8(a) participant. Th

Koprince Law LLC

Koprince Law LLC

SmallGovCon Welcomes John Holtz

I am pleased to announce that John Holtz has joined our team of government contracts attorney-authors here at SmallGovCon. John is an associate attorney with Koprince Law LLC, where his practice focuses on federal government contracts law. Before joining our team, John practiced law in a variety of areas, including litigation and corporate counsel matters, and developed a wide berth of experience that provided adaptability and resourcefulness to help clients navigate the world of government

Koprince Law LLC

Koprince Law LLC

SBA OHA: Ownership and Control are Not the Same in the WOSB Program

A company learned the hard way that just because their business is majority owned by a woman, it doesn’t mean they are a Women-Owned Small Business (WOSB) in the eyes of the SBA. The question is one of both ownership and control. The case is SBA No. WOSB-113. In December 2016, Joint Information Network (JIN) submitted an offer for a contract to provide software engineering and database services in support of the U.S. Navy Naval Information Warfare Center (NIWC). The contract was to be a

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: April 26-30, 2021

If April showers bring May flowers, Lawrence, Kansas should be a kaleidoscope of color next week. The rain was so heavy at one point our street became a river for a few hours. The sun is shining today, however, and you can almost see the grass growing. It’s time to fire up the lawn mower and the grill and enjoy the longer, warmer days. Just like the weather, there have been a few changes in federal government contracting, this week. Here are a few newsworthy articles, including an update on

Koprince Law LLC

Koprince Law LLC

GAO: Solicitation Cannot Require a Protégé Have the Same Experience as its Mentor

SBA regulations prohibit agencies from requiring the same past performance record from both mentor and protégé entities.  The regulations explicitly prohibit this type of requirement. In a recent GAO decision, it sustained the protest where an agency required all members in a joint venture to submit the same past experience examples in their proposal. The GAO’s decision in Innovate Now, LLC, B-419546 (April 26, 2021), involved a protest of the terms of an RFP issued by the Air Force

Koprince Law LLC

Koprince Law LLC

Five Things You Should Know: Responding to Size Protests

There are many things to know about responding to size protests. One could probably fill a book with the information-(actually I did, for those who want a real deep dive!). But if you need to know just the basics, here are five things you should know about size protests that can help you be prepared if your company is facing a size protest. 1. The response time is short. Normally, your company only gets three business days to respond. So, be sure to work quickly to put together as m

Koprince Law LLC

Koprince Law LLC

SBA’s SDVOSB “Normal Business Hours” Rule Needs Fixing–Here’s How

SBA’s regulations for service-disabled veteran-owned small businesses create a rebuttable presumption that a service-disabled veteran doesn’t control the company if the veteran is unable to work normal business hours in the company’s industry. The rule sounds reasonable at first blush, but as a recent SBA Office of Hearings and Appeals case demonstrates, the SBA may apply the presumption even to a one-person start-up with no contracts. Not many people can afford to quit their day jobs bef

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: April 19-April 23

As you move into the weekend, be on the lookout for the Pink Moon. It’s not really pink though, the name comes from the herb moss pink, also known as creeping phlox, so NASA tells me. This is one of the earliest flowers of spring. So even if you don’t actually see a pink moon, it still means spring is here. Along with the moon, be sure to check out these government contracting updates, including a report on SBA review of PPP loans, changes to beta.SAM, and calls for emerging technologies fo

Koprince Law LLC

Koprince Law LLC

Are You a Small Business Being Acquired by a Large Business? Check Your Pending Bids

Many small business clients of mine have been approached by or considered acquisition by a larger firm. Well, if this sort of sale or merger would turn a small business into a large business, the small business should pay close attention to a little-publicized change stemming from SBA’s Mentor-Protégé Consolidation rule that came out last fall. The new rule could result in a company losing out on an otherwise successful bid. It’s fairly common for a small business to be purchased by a la

Koprince Law LLC

Koprince Law LLC

Congress Should Codify–and Expand–SBA’s Solution to the “Runway Extension” Small Business Size Calculation Problem

In January 2022, the rules regarding calculating small business size status for federal procurements will change dramatically. Companies operating under receipts-based size standards will be required to use their last five completed fiscal years–not three. And businesses operating under employee-based size standards will be made to use their last 24 months of payroll, instead of 12. These changes will benefit growing businesses, allowing stay small longer by including older numbers in their

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: April 12-April 16

Lately, I’ve been enjoying attending my daughter’s soccer games on the weekend. It’s nice getting out into the fresh air. Hope you are able to enjoy some fresh air this weekend as well. But before you do, check out the latest updates in government contracting. This week saw some important updates in the federal contracting world. These included new details about the GSA administrator, a potential increased emphasis on evaluation of past performance, and DOD’s innovation ecosystem.

Koprince Law LLC

Koprince Law LLC

Past Performance: Agency Can Consider Whether Prime & Subcontractor Have Worked Together Previously

An agency’s past performance evaluation may consider whether the prime contractor and a proposed subcontractor have worked together previously–even if the solicitation is silent about such consideration. In a recent bid protest decision, the GAO held that there was nothing improper about an agency’s determination that the awardee’s prior working history with its subcontractor decreased performance risk. The GAO’s decision in VxL Enterprises, Inc., B-419467.2 (Mar. 8, 2021) involved a

Koprince Law LLC

Koprince Law LLC

5 Things to Know About an 8(a) Bona Fide Place of Business

Eligibility to bid for construction contracts in the 8(a) program can be a maze to navigate for small businesses. The lifeblood for these companies is identifying and becoming eligible to bid for these prized solicitations. As a new 8(a) entity, or one looking to branch out, you may be wondering how to establish a bona fide place of business. In order to qualify for construction contracts in the 8(a) program, offerors are required to have a bona fide place of business (or BFPOB) within the

Koprince Law LLC

Koprince Law LLC

SBA Suggests Three Pages or Fewer for Social Disadvantage Narratives–But Really?

SBA guidance on Certify.SBA.Gov suggests that an 8(a) Program applicant’s social disadvantage narrative should be “three pages or less.” While we are definitely in the habit of recommending small business contractors to follow SBA’s guidance most of the time, we simply cannot climb aboard the “three-page” ship. In fact, we have significant concerns that submitting a one to three page narrative could potential “sink” your 8(a) application (at a minimum, requiring you to make extensive and time-co

Koprince Law LLC

Koprince Law LLC

Event: Three-Part Series on Joint Ventures & Prime/Subcontractor Teams

For small and large businesses alike, joint venturing and prime/subcontractor teaming on federal contracts can bring powerful benefits. But the rules governing teaming and JVs can be complex, and in focusing on compliance, sometimes best practices can get lost in the shuffle. On April 20 through 22, please join me and Nicole Pottroff for a special, three-part course on joint ventures and prime/subcontractor teaming, hosted by Govology. We’ll cover the key compliance rules in plain English,

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: April 5-April 9

As I drove into work today, the redbuds are in full bloom. The purple flowers are the first to appear, after a long, cold winter and it’s a pretty sight and a sure sign that spring is here. Hope you are able to enjoy some nice spring weather this weekend and immerse yourself in the beauty in your part of the world. But before you start the weekend, catch up on some key news in the federal contracting world. This included contractors anticipating the next big spending bill, new picks for lea

Koprince Law LLC

Koprince Law LLC

SBA’s Plans For New Rules in 2021 and Beyond

SBA has issued its regulatory agenda for what rules it plans to roll out later this year. Here is a rundown of the key rules. SBA recently released its semiannual Regulatory Agenda, which is a summary of current and projected regulatory actions, and invited the public to comment. Below, I summarize some of the key proposals. Alternative Size Standards for Loans. SBA has proposed “an alternative size standard for loan applicants that do not meet the small business size standards for

Koprince Law LLC

Koprince Law LLC

Event: Government Contracts Update with UTSA PTAC

My colleague Steven Koprince and I will be providing a Government Contracts Legal Update 2021 in cooperation with The University of Texas at San Antonio Institute for Economic Development PTAC. We will provide a comprehensive update on the most important government contracting legal changes of late 2020 and the first months of 2021. The event will take place on April 13 from 1:00 PM – 2:30 PM (CDT). Be sure to check out the registration link if you are interested! The post Event: Government

Koprince Law LLC

Koprince Law LLC

If You Plan to Use the SBA’s Template Joint Venture Agreement, Read This First

If you’re setting up your first joint venture under the SBA’s rules, you may be tempted to download the SBA’s template joint venture agreement and use it as-is. But, as of the date of this post, the SBA’s template joint venture agreement is outdated–and it also has some other quirks and potential problems you should know about. If you’re planning to use the SBA’s joint venture template, read this first. Outdated Provisions If you’ve been following my posts on SmallGovCon (and I

Koprince Law LLC

Koprince Law LLC

SmallGovCon Week in Review: March 29-April 2

Hard to believe it, but March has come and gone and now we’re one quarter of the way through 2021! As you try and figure out where the year has gone this weekend, peruse these government contracting updates that reflect on what has occurred and what could happen during the rest of 2021. Some of the key stories this week included a DOD review of CMMC, the PPP Extension Act, and an extension on for expiring SAM.gov registrations. NEW: GSA Providing Automatic 180-Day Extension of Expir

Koprince Law LLC

Koprince Law LLC

Koprince Law Announces Nicole Pottroff as Partner

Koprince Law LLC, a boutique federal government contracts firm in Lawrence, KS, is pleased to announce that that Nicole Pottroff has now been elevated to partner status with the firm! Nicole’s legal practice focuses exclusively on representing federal government contractors. Among her many professional accomplishments, Nicole recently co-authored the totally revamped “Koprince Law LLC GovCon Handbook Volume 4: Second Edition – The 8(a) Program.” She is as comfortable with 8(a) narratives as

Koprince Law LLC

Koprince Law LLC

Past Performance Isn’t Always a Required Evaluation Factor, Says GAO

For companies trying to break into the government market for the first time, past performance can seem a bit like the old chicken-and-egg conundrum. Sometimes it can appear like a company can’t win a government contract without a strong record of past performance–but can’t build a past performance record without contracts! And with the government’s continued movement away from lowest-price, technically acceptable evaluations, past performance seems increasingly important. But that doesn’t

Koprince Law LLC

Koprince Law LLC

Small GovCon Week in Review: March 22-26

Our hometown Jayhawks basketball team didn’t fare so well in the NCAA tournament. That’s alright; spring is right around the corner. And with it some nice weather across the country. Hope you are able to enjoy the outdoors this weekend. But before the weekend arrives, this week brought some interesting updates in government contracting, including the details on the regulatory freeze from the Biden administration, IT modernization developments, and preparing for a CMMC assessment. Ti

Koprince Law LLC

Koprince Law LLC

OHA: Prime-Subcontractor Teams are Different than Joint Ventures for Size Purposes

The ostensible subcontractor rule says that, for a small business or socioeconomic set-aside such as 8(a), the small business prime contractor must perform the primary and vital parts of the contract and can’t be unduly reliant on a subcontractor. If the small business is found to violate the rule, the size of the small prime contractor and the large subcontractor are grouped for size purposes, which can result in loss of award. But the ostensible subcontractor rule is different from SBA’s joint

Koprince Law LLC

Koprince Law LLC

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